Warner Bros. Pictures, Inc. v. Columbia Broadcasting System, Inc.

Dashiell Hammett composed a mystery-detective story entitled “The Maltese Falcon” which was published serially, and each installment was copyrighted by the publisher. Subsequently, Alfred A. Knopf, Inc., entered into a contract with the author to publish the work in book form, Knopf published the book and, in accord with the terms of the contract, copyrighted it.

In 1930, after publication in book form and after publication of all installments of the first serial thereof, Knopf and Hammett, designated as “Owners”, for a consideration of $8,500.00, granted certain defined rights in and to The Maltese Falcon (called “writings” in the agreement) to Warner Bros., as “Purchaser”.

*947 Coincidentally, Knopf executed an instrument to Warner called “Assignment of Copyright” 2 for a nominal consideration, The text of the “assignment” shows on *948 its face that it is not an assignment of the copyright but that it is a grant to Warner of specified rights to the use of the writings in The Maltese Falcon. Both the contract between Hammett-Knopf and Warner, and the “assignment” from Knopf, purport to grant to Warner certain defined and detailed exclusive rights to the use of The Maltese…